What Are the Consequences of a Vandalism Conviction in NJ?

Vandalism charges are often underestimated, as many people associate this crime with juveniles having harmless fun. However, damaging another person’s property in any way without consent can result in serious penalties. If you have been arrested for vandalism in New Jersey, it is crucial that you understand the possible consequences of a conviction to prepare for the future and protect your rights. Work with a knowledgeable Bergen County criminal defense lawyer for skilled representation and legal counsel during your case.

What is Vandalism?

Vandalism is generally described as actions that deliberately damage or destroy public or private property. New Jersey law does not technically recognize vandalism, but a comparable offense is known as criminal mischief.

Criminal mischief is defined in N.J.S.A. 2C:17-3 as:

Purposely or knowingly damaging tangible property of another, or damaging tangible property of another recklessly or negligently in the employment of fire, explosives, or other dangerous means, or
Purposely, knowingly, or recklessly tampering with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for the institution of eviction proceedings

The prosecution does not need to prove malicious intent. The fact that the offense is done purposefully or knowingly proves the offender’s intent well enough.

Is Vandalism Considered a Misdemeanor or Felony?

New Jersey law does not recognize the terms “misdemeanor” or “felony,” but instead uses “disorderly persons offense” and “indictable crime,” respectively, to convey the same level of severity.

The grading of vandalism, or criminal mischief, in New Jersey varies depending on the specific details of the offense. The most important factors determining the grading of a criminal mischief charge are the value and type of property affected.

For damage of $500 or less, it will generally be considered a disorderly persons offense. Property valued between $500 and $2,000 constitutes a fourth-degree indictable crime, and damage that exceeds $2,000 is considered a third-degree indictable crime.

Grading can also be affected by the type of property that was damaged. For example, if the offense involved a grave, crypt, or other site where human remains are stored, it is considered a third-degree crime, regardless of the value of the property. Tampering with an airport, landing field, landing strip, or other aviation facility is considered a fourth-degree crime. The legal code includes a variety of specific regulations.